Garzon Yepes (Migration)

The Administrative Appeals Tribunal considered the case of Garzon Yepes, who sought review of a decision to refuse a Skilled (Provisional) (Class VC) visa, Graduate Work stream, Subclass 485. The applicant's primary claim was that she met the criteria for the visa, specifically concerning the assessment of her skills for her nominated occupation.

The central legal issue before the Tribunal was whether the applicant satisfied clause 485.224 of Schedule 2 to the Migration Regulations 1994. This clause requires that an applicant's skills for their nominated occupation have been assessed as suitable by a relevant authority within the last three years, and that if the assessment has a validity period, it must not have expired. An additional requirement applies if the skills assessment was based on an Australian qualification obtained while holding a student visa.

The Tribunal reasoned that the applicant had provided a TRA Provisional Skills Assessment, confirming her suitability for the occupation of Child-Care Centre Manager. This assessment, obtained on 15 November 2016, was confirmed by TRA as valid and based on her Diploma of Early Childhood Education and Care and vocational placement. As the assessment did not specify a validity period, clause 485.224(1A) was not engaged. The Tribunal found that the applicant met the requirements of clause 485.224, including the condition that the qualification must have been obtained as a result of studying a registered course, as defined in regulation 1.03.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 485.224 of Schedule 2 to the Regulations. The Tribunal also concluded that a hearing was not necessary in the circumstances.